WASHINGTON (By
Julie Hirschfeld Davis,
AP) —
The Supreme Court's endorsement of the first federal curbs on an abortion
procedure in a generation suggests that even with Democrats in control of
Congress, efforts to preserve abortion rights may be losing ground.
Both sides in
the volatile abortion debate said they now expect a spate of efforts in
several states to place further limits on abortion - and that a court
reshaped by conservative picks will be more willing to
uphold them.
Meanwhile, abortion rights
champions expressed little hope that efforts to enshrine in federal law
that a woman has a right to choose could succeed in Congress.
Wednesday's ruling - a turning
point in a debate that has engaged the nation for more than three
decades - confirmed the worst fears of abortion rights supporters and
the highest hopes of abortion opponents, the ruling could open the way for a host of new abortion
restrictions.
The outlawed procedure, generally
used to end pregnancies in the second and third trimester, involves
partially removing the fetus intact from a woman's uterus, then crushing
or cutting its skull to complete the abortion. Opponents of the
procedure call it partial-birth abortion.
The 5-4 decision written by Justice
Anthony Kennedy said the Partial Birth Abortion Ban Act that Congress
passed and Bush signed into law in 2003 does not violate a woman's
constitutional right to an abortion.
Douglas Johnson of the National
Right to Life Committee, an anti-abortion group, said the ruling
"provides further encouragement" to state and federal lawmakers to enact
better "informed consent" laws, such as those requiring that women be
offered an opportunity to see ultrasounds or hear about a fetus' ability
to feel pain before they have an abortion.
Such legislation is pending in
several state legislatures and has been introduced in Congress.
"We have a court now that has
correctly yielded to the Congress and the legislative branch," said Tony
Perkins of the Family Research Council. "This will bolster state
legislators who are reflecting the views of their constituents on
abortion."
Rep. Steve Chabot, R-Ohio, a
leading sponsor of the ban, said the court's ruling could return
abortion-rights questions to the states, where he said they belong.
"It forced many people to consider
what actually occurs when an abortion is carried out," Chabot said.
"It's not a reach for one to think that the child is just as much a
human being earlier in the process, and that those other forms of
abortion are pretty awful too."
Sen. Barbara Boxer, D-Calif., and
Rep. Jerrold Nadler, D-N.Y., said they would reintroduce a measure to
put a woman's right to have an abortion in federal law. Feinstein,
however, acknowledged that abortion rights supporters do not have the
votes to prevail in Congress.
The upholding of the ban was the
culmination of a dozen years of efforts by abortion opponents to outlaw
a procedure that public opinion polls have shown most Americans believe
should be illegal.
The public is nearly evenly split
on abortion in general, polls show, but the vast majority of Americans
back some restrictions on it. Surveys have found that more than 60
percent favor banning the procedure outlawed in Wednesday's ruling. That
makes the ban an exceedingly difficult political proposition even for
Democrats who are strong champions of abortion rights.
"It's a Democratic Congress, but
it's not a pro-choice Congress," NOW's Gandy said, adding that it was
unlikely that lawmakers would step in to try to reverse the ban or take
other action to beat back additional abortion curbs.
Instead, liberal activists said the
decision demonstrated the importance of putting liberal Democrats in the White
House and in Congress, where they would be positioned to name and
confirm Supreme Court justices who support abortion rights.
The Blue Dogs of the Democratic
Party are conservative Democrats who oppose abortions. This is now where
middle America is and more and more Blue Dog Democrats will be elected
to Congress.